The Five Day Demand Letter is a critical document in New Zealand's debt collection process, serving as a final formal notice before legal proceedings commence. It is typically used when previous attempts to collect payment have been unsuccessful and the creditor is prepared to escalate the matter to legal action. The document must include specific details about the debt, including the amount owed, the basis of the debt, payment history, and clear payment instructions. Under New Zealand law, this formal notice provides the debtor with a reasonable final opportunity to settle the debt while establishing a clear record of the creditor's attempts to resolve the matter before pursuing legal remedies. The letter must comply with relevant legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and if applicable, the Credit Contracts and Consumer Finance Act 2003.
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1. Recipient Details: Full legal name and address of the debtor
2. Date: Current date of the letter
3. Reference Line: Clear subject line indicating this is a formal demand for payment
4. Debt Details: Specific amount owed, date incurred, and nature of the debt
5. Payment History: Brief summary of previous payment attempts or communications
6. Formal Demand: Clear statement demanding payment within 5 working days
7. Payment Instructions: Detailed information on how and where to make the payment
8. Legal Consequences: Statement of intended legal action if payment is not received within the specified timeframe
9. Contact Information: Your full contact details for payment or communication
10. Signature Block: Formal signature section with name and title of sender
1. Interest Calculation: Include when claiming interest on the outstanding amount, showing calculation method and total
2. Previous Agreements: Reference to any payment plans or agreements previously made and breached
3. Security Details: Include when the debt is secured against specific assets or property
4. Without Prejudice: Add this header when including settlement offers or negotiations
5. GST Statement: Include when the debt amount includes GST components that need to be specified
1. Original Invoice: Copy of the original invoice or contract showing the debt
2. Statement of Account: Detailed statement showing all transactions, payments, and current balance
3. Previous Correspondence: Copies of relevant previous payment requests or communications
4. Interest Calculations: Detailed breakdown of interest calculations if applicable
5. Security Documentation: Copies of security agreements or guarantees if the debt is secured
Relevant legal definitions
Clauses
Relevant Industries
Retail
Construction
Professional Services
Manufacturing
Wholesale Trade
Real Estate
Financial Services
Information Technology
Healthcare
Education
Small Business
Agriculture
Transportation
Hospitality
Relevant Teams
Legal
Finance
Accounts Receivable
Credit Control
Collections
Risk Management
Commercial Operations
Administration
Corporate Services
Relevant Roles
Credit Controller
Accounts Receivable Manager
Collections Specialist
Financial Controller
Credit Manager
Legal Counsel
Debt Recovery Officer
Business Manager
Finance Manager
Commercial Manager
Accounts Manager
Chief Financial Officer
Practice Manager
Company Secretary
Risk Manager
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